SECTION 1. Section 7AA of Chapter 90 of the General Laws is hereby amended by adding the following subsection at the end thereof:

(1) No person or persons shall be allowed to smoke, as defined in Section 22, Chapter 270 of the General Laws, in a motor vehicle in which a child is required by the provisions of this chapter to be secured by a by a child passenger restraint.

An operator or passenger of a motor vehicle who violates the provisions of this section shall be subject to a fine of not more than twenty-five dollars for the first offense; and not more than $100 for subsequent offenses.

The provisions of this section shall be enforced by law enforcement agencies. A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section. For a period of 90 days following the effective date of this act, any law enforcement official who stops a motorist solely because of a violation of this section shall not issue a citation, but shall issue a verbal or written warning.

A violation of this section shall not be used as evidence of contributory negligence in any civil action.

A person who receives a citation for a violation of any of the provisions of this section may contest such citation pursuant to section three of chapter ninety C. A violation of this section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section one hundred and thirteen B of chapter one hundred and seventy-five.

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